State v. Safford

578 A.2d 152, 22 Conn. App. 531, 1990 Conn. App. LEXIS 269
Connecticut Appellate Court·Decided August 7, 1990·No. 8281·Published·Cited by 16 cases

Opinion

Lavery, J.

The defendant appeals from the judgment of conviction, pursuant to a plea agreement, of sexual assault in the first degree in violation of General Statutes § 53a-70. He claims that the trial court should be reversed because (1) it failed to conduct an evidentiary hearing on the defendant’s oral motion to withdraw his guilty plea, and (2) it sentenced the defendant after actively participating in pretrial plea negotiations.

The defendant was charged with first degree sexual assault and unlawful restraint. He initially pleaded not guilty, but as a result of plea negotiations during jury selection, he changed his plea on the sexual assault charge to guilty. In return, the state agreed not to press the unlawful restraint charge. The trial court, Schaller, J., conducted an extensive canvass of the defendant, inquiring into the details of the sentencing arrangements and ascertaining that the defendant had not been coerced or threatened into pleading guilty. The trial court then accepted the defendant’s guilty plea.

When the defendant appeared before the trial court, Arena, J., for sentencing, he declared that he wished to withdraw his guilty plea and to elect a jury trial.1 [533] The defendant claimed to have been confused at the time of his guilty plea, and to have been told that because the victim’s grandfather was a judge and her father a lawyer, he would automatically lose if he stood trial. The trial court, noting that it had “before it no evidence that his plea was anything but voluntar[y],” denied the defendant’s motion. The defendant appealed, and we affirm the trial court’s judgment.

[534] The defendant first claims that the trial court’s failure to hold, sua sponte, an evidentiary hearing on his motion to withdraw his guilty plea violated his due process rights. U. S. Const., amend. XIV; Conn. Const., art. I, § 8. Specifically, the defendant, relying on State v. Crenshaw, 210 Conn. 304, 312, 554 A.2d 1074 (1989), claims that the specific allegations he made when he moved to withdraw his guilty plea, taken as true, furnished a sufficient basis for the withdrawal of the plea and thus necessitated an evidentiary hearing on the motion. We disagree.

The state, citing State v. Watson, 198 Conn. 598, 504 A.2d 497 (1986), argues that, because the defendant did not request an evidentiary hearing on his motion to withdraw the plea, the court’s failure to hold such a hearing is now unreviewable. This argument is merit-less. Watson can be read to suggest no more than that the defendant’s failure to request an evidentiary hearing is a consideration to be weighed by the reviewing court. Id., 612. The defendant preserved this claim by moving to withdraw the plea, and adequately briefed the issue in this court. We are, therefore, obliged to review it.

After a guilty plea is accepted but before the imposition of sentence, the court is obligated to permit withdrawal upon proof of one of the grounds in Practice Book § 721. Where the record of the plea proceeding [535] and other information in the court file conclusively establish that the motion is without merit, the trial court may dispose of the motion without holding an evidentiary hearing. State v. Torres, 182 Conn. 176, 185, 438 A.2d 46 (1980), citing Fontaine v. United States, 411 U.S. 213, 215, 93 S. Ct. 1461, 36 L. Ed. 2d 169 (1973); see also State v. Morant, 20 Conn. App. 630, 633, 569 A.2d 1140 (1990). If, however, any specific allegations of fact, taken as true, furnish a basis for withdrawal of the plea under § 721 and are not conclusively refuted by the record of the plea proceedings and other information contained in the court file, an evidentiary hearing is required. State v. Torres, supra, 185-86. Finally, the trial court may disregard any allegations of fact, whether contained in the motion or in an offer of proof, that are either conclusory, vague, or oblique. Id.; State v. Morant, supra.

In the present case, the defendant, in making his motion to withdraw, alleged that he “didn’t quite understand” what his attorney was telling him, and that he “had everything confused.” He also alleged that his plea was the product of coercion, in that he “was told that [because] the [victim’s] grandfather was a judge and [her] father was a lawyer,” he would “automatically lose” if he went to trial. Judge Arena, who was familiar with the pretrial history of the defendant’s case, denied the motion to withdraw the plea, noting that the defendant was “familiar with the criminal justice system,” and that he was “no novice to this court system.”

Implicit in the defendant’s claim that he believed he could not get a fair trial because of the victim’s familial connections to the legal community was the assumption that he was unsophisticated enough to believe that his right to a fair trial was automatically jeopardized by the “fact” that the victim’s father and grandfather [536] were legal professionals. The comments of Judge Arena indicate that, based on his familiarity with the defendant and the procedural history of his prosecution, he did not ascribe such naivete to the defendant, but rather viewed him as one experienced at exploiting the judicial system’s potential for delay.

We note further that in making these allegations the defendant did not name the supposed relatives or even specify whether they practiced in Connecticut. The allegation thus is weakened by its lack of specificity. Further, the defendant did not attempt to show how these relatives of the victim would be able to influence the outcome of his trial. Lastly, the defendant did not disclose the source of his information. The weight given to such information, in the mind of a lay person, would vary according to the source. It is significant that the defendant did not allege that the source of the information was his own or any other lawyer. The trial court, accordingly, found that the defendant failed to present any ground that, “in [the] court’s opinion, states that the plea . . . entered by [the defendant] was not entered voluntarily and with a full understanding of the plea agreement.”

Free access — add to your briefcase to read the full text and ask questions with AI

State v. Safford, 578 A.2d 152, 22 Conn. App. 531, 1990 Conn. App. LEXIS 269 (Colo. Ct. App. 1990).

578 A.2d 152 (State v. Safford) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Simpson
150 A.3d 699 (Connecticut Appellate Court, 2016)
Moraski v. Connecticut Board of Examiners of Embalmers & Funeral Directors
967 A.2d 1199 (Supreme Court of Connecticut, 2009)
State v. Salas
885 A.2d 1258 (Connecticut Appellate Court, 2005)
State v. Ceballos
832 A.2d 14 (Supreme Court of Connecticut, 2003)
State v. Cabral
815 A.2d 1234 (Connecticut Appellate Court, 2003)
State v. Johnson
751 A.2d 298 (Supreme Court of Connecticut, 2000)
State v. Grenier
739 A.2d 751 (Connecticut Appellate Court, 1999)
State v. Peterson
725 A.2d 333 (Connecticut Appellate Court, 1999)
State v. Teel
681 A.2d 974 (Connecticut Appellate Court, 1996)
Duntz v. Warden, No. Cv 89 777 S (Jul. 17, 1995)
1995 Conn. Super. Ct. 7977 (Connecticut Superior Court, 1995)
Safford v. Warden, State Prison
612 A.2d 1161 (Supreme Court of Connecticut, 1992)
State v. Johnson
602 A.2d 36 (Connecticut Appellate Court, 1992)
State v. Niblack
596 A.2d 407 (Supreme Court of Connecticut, 1991)
Johnnie Safford v. Comm'r of Corrections, No. Cv 89 693 (Jan. 23, 1991)
1991 Conn. Super. Ct. 943 (Connecticut Superior Court, 1991)
State v. Safford
581 A.2d 1057 (Supreme Court of Connecticut, 1990)